ROGER T. HUGHESChair
Rules committee of the Federal Court of Appeal
and the Federal Court

His Excellency the Governor General in Council, on the recommendation of the Minister of Citizenship and Immigration, pursuant to section 22.3 (see footnote e) of the Citizenship Act(see footnote f) and subsection 75(1) (see footnote g) of the Immigration and Refugee Protection Act(see footnote h), approves the annexed Rules Amending the Federal Courts Immigration and Refugee Protection Rules, made by the rules committee of the Federal Court of Appeal and the Federal Court.

AMENDMENTS

1. The title of the Federal Courts Immigration and Refugee Protection Rules(see footnote 1) is replaced by the following:

FEDERAL COURTS CITIZENSHIP, IMMIGRATION AND REFUGEE PROTECTION RULES

2. (1) The definition “Act” in rule 2 of the Rules is repealed.

(2) The definitions “appeal”, “application for judicial review”, “application for leave” and “tribunal” in rule 2 of the Rules are replaced by the following:

“appeal” means an appeal referred to in paragraph 22.2(d) of the Citizenship Act or paragraph 74(d) of the Immigration and Refugee Protection Act. (appel)

“application for judicial review” means an application referred to in section 22.2 of the Citizenship Act or section 74 of the Immigration and Refugee and Protection Act. (demande de contrôle judiciare)

“application for leave” means an application referred to in section 22.1 of the Citizenship Act or section 72 of the Immigration and Refugee and Protection Act. (demande d’autorisation)

“tribunal” means a person or body who has disposed of a matter, referred to in subsection 22.1(1) of the Citizenship Act or subsection 72(1) of the Immigration and Refugee and Protection Act, that is the subject of an application for leave or an application for judicial review. (tribunal administratif)

3. The Rules are amended by adding the following before subrule 4(1):

3. These Rules apply to the following applications and appeals under the Citizenship Act and the Immigration and Refugee Protection Act:

(a) applications for leave;

(b) applications for judicial review; and

(c) appeals to the Federal Court of Appeal from judgments of the Federal Court.

4. Subrule 4(1) of the Rules is replaced by the following:

4. (1) Except to the extent that they are inconsistent with the Citizenship Act or the Immigration and Refugee Protection Act, as the case may be, or these Rules, Parts 1 to 3, 5.1, 6, 7, 10 and 11 and rules 302 and 383 to 385 of the Federal Courts Rules apply to applications for leave, applications for judicial review and appeals.

5. Subrule 5(2) of the Rules is replaced by the following:

(2) Unless he or she is the applicant, the respondent to an application for leave is

(a) in the case of a matter under the Citizenship Act, the Minister of Citizenship and Immigration; and

(b) in the case of a matter under the Immigration and Refugee Protection Act, each Minister who is responsible for the administration of that Act in respect of the matter for which leave is sought.

6. Subrule 6(1) of the Rules is replaced by the following:

6. (1) A request to extend the time for filing and serving an application for leave shall be made in the application for leave.

7. Subrule 7(1) of the Rules is replaced by the following:

7. (1) Service of an application for leave is effected by serving a certified copy of the application on each respondent.

8. Paragraph 15(1)(a) of the Rules is replaced by the following:

(a) shall specify the language and the day and place fixed for the hearing of the application for judicial review;

9. Subrule 18(1) of the Rules is replaced by the following:

18. (1) Before a judge renders judgment in respect of an application for judicial review, the judge shall provide the parties with an opportunity to request that he or she certify that a serious question of general importance, referred to in paragraph 22.2(d) of the Citizenship Act or paragraph 74(d) of the Immigration and Refugee Protection Act, as the case may be, is involved.

10. The schedule to the Rules is replaced by the schedule set out in the schedule to these Rules

COMING INTO FORCE

11. These Rules come into force on the day on which they are registered.

SCHEDULE(Rule 10)

SCHEDULE(Subrules 5(1), 6(1), 8(1), 9(1) and 20(1))

Form IR-1 (Rules 5 and 6)

Court File No.

FEDERAL COURT

Between:

(Insert, as applicable, the full name of party, the Minister of Citizenship and Immigration or each Minister responsible for the administration of the Immigration and Refugee Protection Act in respect of the matter for which leave is sought)

Applicant(s)

and

(Insert, as applicable, the full name of party, the Minister of Citizenship and Immigration or each Minister responsible for the administration of the Immigration and Refugee Protection Act in respect of the matter for which leave is sought)

Respondent(s)

APPLICATION FOR LEAVE and for JUDICIAL REVIEW

TO THE RESPONDENT(S)

AN APPLICATION FOR LEAVE TO COMMENCE AN APPLICATION FOR JUDICIAL REVIEW has been commenced by the applicant(s) under

(Select the provision under which this application is made)

[ ]SUBSECTION 22.1(1) OF THE CITIZENSHIP ACT; or

[ ]SUBSECTION 72(1) OF THE IMMIGRATION AND REFUGEE PROTECTION ACT.

UNLESS A JUDGE OTHERWISE DIRECTS, THIS APPLICATION FOR LEAVE will be disposed of without personal appearance by the parties, in accordance with paragraph 22.1(2)(c) of the Citizenship Act or paragraph 72(2)(d) of the Immigration and Refugee Protection Act, as the case may be.

IF YOU WISH TO OPPOSE THIS APPLICATION FOR LEAVE, you or a solicitor authorized to practice in Canada and acting for you must prepare a Notice of Appearance in Form IR-2 prescribed by the Federal Courts Citizenship, Immigration and Refugee Protection Rules, serve it on the tribunal and the applicant’s solicitor or, if the applicant does not have a solicitor, serve it on the applicant, and file it, with proof after service, in the Registry, within 10 days after the day on which this application for leave is served.

IF YOU FAIL TO DO SO, the Court may nevertheless dispose of this application for leave and, if the leave is granted, of the subsequent application for judicial review without further notice to you.

Note:

Copies of the relevant Rules of Court, information on the local office of the Court and other necessary information may be obtained from any local office of the Federal Court or the Registry in Ottawa, telephone: (613) 992-4238.

The applicant seeks leave of the Court to commence an application for judicial review of:

(Set out the date and details of the matter — the decision or order made, measure taken or question raised — in respect of which a judicial review is sought and the date on which the applicant was notified or otherwise became aware of the matter.)

(Set out the name, address and telephone number of the tribunal and, if the tribunal was composed of more than one person, the name of each person who was on the tribunal.)

(Set out the tribunal’s file number(s), if applicable.)

(Add the following paragraph, if applicable.)

[The applicant also applies to the Court for an extension of time to file and serve the application under paragraph 22.1(2)(b) of the Citizenship Act or under paragraph 72(2)(c) of the Immigration and Refugee Protection Act, as the case may be, for the following special reasons:

(Set out the special reasons for the request for the extension of time.)]

If the application for leave is granted, the applicant seeks the following relief by way of a judicial review:

(Set out the precise relief sought should leave be granted, including any statutory provision or rule relied on.)

If the application for leave is granted, the application for judicial review is to be based on the following grounds:

(Set out the grounds to be argued, including a reference to any statutory provision or rule to be relied on.)

The applicant (has or has not) received written reasons from the tribunal.

If the application for leave is granted, the applicant proposes that the application for judicial review be heard at......., in the (English and/or French) language.

_________________________________(Signature of solicitor or applicant)

(Name, address and telephone of
solicitor or applicant)

To: (Name(s) and address(es) of respondent(s))

Form IR-2 (Rule 8)

Registry No.

FEDERAL COURT

Between:

Applicant(s)

and

Respondent(s)

NOTICE OF APPEARANCE

THE RESPONDENT(S) (name(s)) intend(s) to respond to this application for leave.

The tribunal’s file number(s), as set out in the application for leave is (are)

(Date)

(Name, address and telephone number of respondent’s solicitor, or respondent if acting in person)

TO: (Name and address of applicant’s solicitor, or applicant if acting in person)

AND TO: (Name and address of tribunal)

Form IR-3 (Rule 9)

Court File No.

FEDERAL COURT

Between:

Applicant(s)

and

Respondent(s)

REQUEST TO TRIBUNAL

TO: (Name and address of tribunal)

RE: (Set out the complete particulars of the matter — decision or order made, measure taken or question raised — as they appear in the application, with the tribunal’s file number(s), if any.)

DATE :

In an application filed on ....................., 20...., the applicant set out that he or she had not received written reasons for the above-captioned matter.

In accordance with rule 9 of the Federal Courts Citizenship, Immigration and Refugee Protection Rules, you are requested to send, without delay,

(a) a copy of the decision or order at issue and the written reasons for it, duly certified by an appropriate officer to be correct, to each of the parties and two copies to the Registry; or

(b) a written notice to each of the parties and to the Registry indicating that no reasons were given or reasons were given but not recorded, as the case may be.

(Signature of Registry Officer)

Name of Registry Officer
Telephone Number

Form IR-4 (Rule 20)

Court File No.

FEDERAL COURT OF APPEAL

Between:

Appellant

(Applicant (or Respondent) in the Federal Court)

and

(name)

Respondent

(Applicant (or Respondent) in the Federal Court)

NOTICE OF APPEAL

THE APPELLANT (name) appeals from the judgment of the Honourable (name of judge) of the Federal Court, delivered on (date).

The following serious question(s) of general importance was (were) certified:

(Set out the question(s) certified.)

The question(s) was (were) certified under:

(Select the appropriate provision.)

[ ]PARAGRAPH 22.2(d) OF THE CITIZENSHIP ACT; or

[ ]PARAGRAPH 74(d) OF THE IMMIGRATION AND REFUGEE PROTECTION ACT.

The appellant seeks the following relief on the determination of the question(s) under section 52 of the Federal Courts Act:

(Set out the relief sought, with reference to the specific provisions in section 52 of the Federal Courts Act relied on.)

The appellant requests that this appeal be heard at ............(place), in the (English and/or French) language.

Dated at ....................., this ...... of ............,20....

(Name, address and telephone number of appellant’s solicitor)

TO: (Name and address of respondent’s solicitor, or respondent if acting in person)

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Rules.)

Issues

The Federal Courts Rules Committee must respond to the enactment of Bill C-24 (2014) with respect to the procedure under the Federal Courts Immigration and Refugee Protection Rules.

Background

Amendments to the Rules are required as a result of the coming into force of Bill C-24, the Strengthening Canadian Citizenship Act.

Objectives

The Federal Courts Rules Committee has determined that amendments to the Federal Courts Immigration and Refugee Protection Rules are required to address legislative changes that affect directly the procedure before the Federal Court.

Description

Bill C-24 amends the Citizenship Act by removing subsection 14(5), which provided a right of appeal in respect of citizenship judge decisions, and by creating a new section 22.1 and section 22.2, which provide a new judicial review scheme, including a leave requirement, for any matter under the Citizenship Act.

Although the Federal Courts Rules, under Part 5, provide a general procedure for applications for judicial review of administrative action, including applications for judicial review under section 18.1 or 28 of the Federal Courts Act, they are not adapted to the specific procedure enacted under Bill C-24, which is almost identical to the framework for judicial review established by Division 8 of the Immigration and Refugee Protection Act (IRPA). In order to clarify — in the Rules — the detailed procedure to follow under IRPA, rather than responding to requests for direction or order on a case-by-case basis, the courts have previously considered it appropriate to adopt the Federal Courts Immigration and Refugee Protection Rules.

The Rules Committee decided to amend the Federal Courts Immigration and Refugee Protection Rules, to be re-styled as the Federal Courts Citizenship, Immigration and Refugee Protection Rules, thus amending the Rules to reflect the new procedure. The amendments to the Rules provide clarity on the procedure to be used in Federal Courts proceedings.

“One-for-One” Rule

The “One-for-One” Rule does not apply to this proposal, as there is no change in administrative costs to business.

Small business lens

The small business lens does not apply to this proposal, as there are no costs (or insignificant costs) on small business.

Rationale

The Strengthening Canadian Citizenship Act, S.C. 2014, c. 22, makes various amendments to the Citizenship Act, R.S.C. 1985, c. C-29, and replaces the appeal process applicable to decisions of citizenship judges relating to applications for citizenship with a judicial review process, which also applies generally to other decisions under the Citizenship Act. Consequential amendments are therefore made to the Federal Courts Immigration and Refugee Protection Rules so as to set out the procedure of this judicial review process. On August 1, 2014, the Federal Court of Appeal and the Federal Court issued a notice to the profession setting out the procedure to be followed for such applications, as well as for appeals to the Federal Court of Appeal, on an interim basis until these amendments to the Federal Courts Immigration and Refugee Protection Rules are made.

Implementation, enforcement and service standards

The amending Rules will be incorporated into the Federal Courts Immigration and Refugee Protection Rules and will be implemented and enforced in the same manner as the other Federal Courts rules.